(Photo Credit: David Lienemann, Public domain, via Wikimedia Commons)

Federal Judge Blocks Biden Attempt to Override State Law

A federal judge in Texas has blocked an attempt by President Joe Biden and his administration to force states to provide abortions in emergency situations, The Daily Caller reports.

Judge James Hendrix, a US District Judge from the Northern District of Texas issued a temporary restraining order Tuesday.

The Biden administration, specifically the Department of Health and Human Services issued its guidance under the Emergency Medical Treatment and Active Labor Act which requires hospitals that receive Medicare funding to provide the treatment, overriding state bans.

Hendrix wrote about the HHS guidance, it “discards the requirement to consider the welfare of unborn children when determining how to stabilize a pregnant woman; it claims to preempt state laws notwithstanding explicit provisions to the contrary; and it impermissibly interferes with the practice of medicine in violation of the Medicare Act… Because HHS’s Guidance is a statement of policy that establishes or changes a substantive legal standard, it likewise was subject to notice and comment requirements — unfulfilled here.”

The guidance from the Biden administration will still be litigated, but until then state law cannot be overridden in hospitals that receive Medicare funding.

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